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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9923   View pdf image (33K)
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THE CHAIRMAN; Delegate Macdonald, I think any
person desiring to speak in opposition may do so before you
bffer your amendment.
Delegate Henderson, do you desire to speak in
opposition?
DELEGATE HEND.ERSON: Yes. I suggest that
Delegate Willoner is not correct unless this right is put
in the Constitution it could not be regulated by the Court
or the General Assembly.
We are dealing here with a mere matter of
practice and procedure and of course ' the man can ' have
a fair and impartial trial if he is able to prove that he
has a constitutional right to a removal, so we are not
leaving the matter in limbo. We are merely leaving it
where it belongs, its regulation by the Court of Appeals
or the General Assembly.
I suggest that there is another problem in
connection with this which hasn't yet been mentioned.
We have adopted a system under which we have one superior
court and one district court in the whole State and that
would require every judge — we would have a unified



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9923   View pdf image (33K)
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